Tissera Et Al. V. Ramaswamy Chettiar

1934 Present: Dalton and Drieberg JJ.

TISSERA et al. v. RAMASWAMY CHETTIAR.

APPLICATION TO REVISE BILL or COSTS IN D. C. CHILAW, 8,880.

Costs-Taxation of costs in appeal-Attendance of proctor on counsel- Attendance of proctor in Court of Appeal-Fees for more than two counsel-Proportion of fee as between senior and junior counsel.

In the taxation of a bill of costs incurred in the Supreme Court in appeal, the charge allowed to a proctor for attending on counsel for advice on the case is limited to one attendance. The charge allowed for attendance in the Court of Appeal is similarly limited to one.

The mere fact that an argument has taken two days or more is no ground for allowing more than one consultation with counsel to be charged. No charge is allowed for written instructions given to counsel.

As a general rule, fees should not be allowed for more than two counsel, the proportion of fee as between senior and junior counsel being one half.

APPLICATION to revise the taxation by the Registrar of the Supreme Court of a bill of costs.

E. F. N. Gratiaen, for plaintiff.

S. W. Jayasuriya (with him Kottegoda), for defendant

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